The Canadian Anti-Spam Law (CASL) was introduced in 2010 to combat the growing problem of spam emails, texts, and other electronic messages. CASL aims to protect Canadians from unwanted and unsolicited commercial electronic messages (CEMs) by establishing rules and regulations for businesses and organisations that send such messages. The law requires senders to obtain consent from recipients before sending CEMs, provide accurate identification information, and include an unsubscribe mechanism in every message. CASL also prohibits the installation of computer programs without consent and the collection of personal information through unauthorized access to computer systems. The law is enforced by three regulatory agencies: the Canadian Radio-television and Telecommunications Commission (CRTC), the Office of the Privacy Commissioner of Canada (OPC), and the Competition Bureau. Violators of CASL can face significant penalties, including fines of up to $10 million for businesses and $1 million for individuals.
The Canadian Anti Spam Law (CASL) of 2010 is a legislation introduced by the Government of Canada to regulate commercial electronic messages (CEMs), including emails, text messages, and social media messages, sent to Canadian recipients.
CASL applies to anyone who sends commercial electronic messages to recipients in Canada, regardless of their location. This includes individuals, businesses, and organisations.
A commercial electronic message (CEM) is any electronic message that encourages participation in a commercial activity, such as promoting a product, service, or business. This includes emails, text messages, and messages sent through social media platforms.
Yes, CASL requires senders to obtain consent from recipients before sending them commercial electronic messages. There are two types of consent: express consent and implied consent.
Express consent is when a recipient explicitly agrees to receive commercial electronic messages from a sender. This consent can be obtained orally or in writing, and the burden of proof lies with the sender to demonstrate that consent was obtained.
Implied consent is when there is an existing business or non-business relationship between the sender and recipient, and it is reasonable to assume that the recipient would want to receive commercial electronic messages. Implied consent has specific time limitations and conditions.
Yes, there are some exceptions to obtaining consent under CASL. For example, messages sent for legal or safety purposes, messages sent within an organisation, or messages responding to a request or inquiry are exempt from the consent requirement.
Non-compliance with CASL can result in significant penalties. Individuals can face fines of up to $1 million, while businesses and organisations can face fines of up to $10 million. Additionally, individuals may also face personal liability for violations.
To ensure compliance with CASL, it is important to obtain proper consent, maintain records of consent, provide an easy opt-out mechanism, and include accurate identification and contact information in all commercial electronic messages.
CASL only applies to messages sent to recipients in Canada. If the recipients are located outside of Canada, you should comply with the anti-spam laws of the respective jurisdiction. It is always recommended to obtain consent regardless of the recipient’s location to maintain good business practices.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 12th April 2024.
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